When the master servant
relationship was not denied before the Labour Inspectors by the employer,
absence of employee name in the ESI record will not be sufficient to prove that
employee was not employed by the employer.

Vivek Metal Industries vs. P.O.,
L.C & Ors. 2011 LLR 239 (Del. HC)

Production incentive paid by the
company to its employees would be part of "wages". E.S.I.
contribution would be payable in respect of the same. Impugned order passed by
E.S.I. Court set aside.

An order by Employees' Insurance
Court rejecting plea for waiver of deposit of 50% amount due (under section
75(2-B) of ESI Act, 1948) is not appealable since no substantial question of
law has arisen.

"Minority" institutions
having constitutional protection to administer the institution in their own
manner, signify an identifiable group of people or community, who are seen as
deserving protection from likely deprivation of their religious, cultural and
educational rights by majority communities and likely to gain political power
in a democratic form of government based on election hence coverage of
educational institutions by clubbing them with others will not be legal and
their coverage under ESI Act is liable
to be set aside.

When there were only eight
employees and such attendance register was also scruitinized by the ESI
inspector, no amount of contribution can be determined against such employer,
specifically when the establishment was not liable to covered.

In the absence of having any
medical facility for treatment of heart ailment by ESIC, expenses incurred for
treatment is a private hospital by the employee who died, his legal heirs will
be entitled for reimbursement of expenditure from ESIC.